Paragraph 31 Exercise by High Court or receiver of powers for the realisation of property
The following provisions apply to the powers conferred—
on the High Court by sections 26 to 30 of this Act; or
on a receiver appointed under section 26 or 29 of this Act or in pursuance of a charging order.
Subject to the following provisions of this section, the powers shall be exercised with a view to recovering property which is liable to be recovered under an external confiscation order registered in the High Court under section 40 of this Act or, as the case may be, with a view to making available for recovery property which may become liable to be recovered under any external confiscation order which may be made in the defendant’s case.
In the case of realisable property held by a person to whom the defendant has directly or indirectly made a gift caught by this Act, the powers shall be exercised with a view to realising no more than the value for the time being of the gift.
The powers shall be exercised with a view to allowing any person other than the defendant or the recipient of any such gift to retain or recover the value of any property held by him.
In exercising the powers, no account should be taken of any obligations of the defendant or of the recipient of any such gift which conflict with the obligation to satisfy the external confiscation order.
An order may be made or other action taken in respect of a debt owed by the Crown.